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We understand the constant need to stay informed about the latest developments in your field. In this section, we curate the most relevant and impactful updates covering developments in various laws.

Chocolates ‘James Bond’ a complete knock-off of ‘Gems’ – Delhi HC notes similar packaging and confusion among children

Considering the resemblance in the product packaging, as also the phonetic similarity between the marks ‘Gems’ and ‘James Bond’, the Delhi High Court has granted permanent injunction against the use of the latter mark by the defendant.

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GST – Supreme Court directs GSTN to open common portal for filing Tran-1 and Tran-2 for availing transitional credit

The Supreme Court has directed the Goods and Service Tax Network (GSTN) to open common portal for filing forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 1 September 2022 to 31 October 2022.

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NCLT has discretion to reject financial creditor’s CIRP application even when corporate debtor is in default

The Supreme Court has held that Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016 confers discretionary power on the NCLT with respect to admission of application under said provision. The Court was however of the view...

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Indian Central Bank notifies mechanism for international trade settlement in Indian Rupees

The Reserve Bank of India has vide A.P. (DIR Series) Circular No.10 - RBI/2022-23/90, dated 11 July 2022 set up an international trade settlement mechanism in the Indian Rupee (‘INR’) to promote exports from India and to support the increasing interest of the global trading community in Indian rupee.

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47th GST Council Meeting – Highlights of changes in respect of services

The GST Council in its meeting held on 28 and 29 of June 2022 has recommended many changes in the GST rates for various services. Similarly, the Council has also sought to clarify on the rates of GST in respect of various specified services.

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47th GST Council Meeting – Changes proposed in GST law and procedure

The 47th GST Council Meeting held on 28th and 29th of June 2022 has recommended number of measures in respect of GST law and procedures, including many changes in the GST rates for various goods and services.

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The ‘Geneva Package’ of WTO’s 12th Ministerial Conference – Highlights

WTO’s 12th Ministerial Conference (‘MC’) concluded on 17 June 2022 with some great results. Among the 9 Ministerial declarations/decisions, the prominent ones include Agreement on Fisheries Subsidies and Ministerial Decision on the TRIPS Agreement.

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TDS on perquisites and benefits – CBDT issues guidelines on new Section 194R

The Central Board of Direct Taxes (CBDT) has issued elaborate guidelines on the provisions of Section 194R of the Income Tax Act, 1961 which mandates a person, who is responsible for providing any benefit or perquisite to a resident, to deduct tax at source @ 10% of the value or aggregate of value of such benefit or perquisite.

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Recovery certificate holder can initiate CIRP as financial creditor within three years of issuance of certificate

Holding that liability in respect of a claim arising out of a recovery certificate would be a ‘financial debt’, the 3-Judge Bench of the Supreme Court has held that a person who holds a recovery certificate would be a ‘financial creditor’ within the meaning of clause (7) of Section 5 of the Insolvency and Bankruptcy Code, 2016.

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IPR suits, even those valued below INR 0.3 million, to be instituted before District Judge (Commercial)

The Delhi High Court has directed that all IPR suits are to be instituted before the District Judge (Commercial) and if IPR suit is valued below INR 0.3 million (INR 3 lakh), the Commercial Court shall examine the specified value and suit valuation to ensure it is not arbitrary or unreasonable and the suit is not undervalued.

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